Driver who struck wheelchair-bound man might not be charged

A man in a wheelchair who was hit by a driver using a cell phone is expected to recover, authorities said.

The driver of a car who was using a cell phone when he struck and seriously injured a man in a wheelchair in the East Village may not be charged, police said.

The accident at Ninth Avenue and E Street was reported shortly before 5 p.m. Tuesday. The sedan, which collided with another vehicle before striking the man, came to a stop on top of the victim, SDPD Officer Dino Delimitros said.

After he was freed, the man was taken to UCSD trauma center for treatment of facial fractures. He is expected to recover.

Witnesses tell police the driver was talking on his cell phone at the time of the accident. Investigators tell News 8 they have confiscated the man's cell phone to tell exactly what time a call may have been received.

Police say the driver will probably not face criminal charges, but they will turn the case over to the District Attorney's office for final determination.